Chamber and committees

However, section 60 of the Custodial Sentences and Weapons (Scotland) Act 2007 does refer to theatre, and will provide a new defence in section 141 of the Criminal Justice Act 1988 relating to the manufacture, sale, hire, etc. of offensive weapons for the purposes of theatrical performances. Those defences will apply to all offences weapons covered by section 141.

The Custodial Sentences and Weapons (Scotland) Act 2007 does not change the law on the carrying of swords or other weapons in public. It is an offence under section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 to have any article which has a blade or is sharply pointed in a public place without good reason or lawful authority. Any individual instance will be a matter for the police, and ultimately the courts, but having a sword for the purpose of historical re-enactment would generally appear to be a good reason. Under section 47 of the same act it is an offence to carry an offensive weapon, which might for example be an axe or pike. Section 47 also includes a defence of “reasonable excuse” which has generally been seen to include historical re-enactment.

Section 60 of the Custodial Sentences and Weapons (Scotland) Act 2007 contains amendments to section 141 including new subsections (11A) to (11E) which will provide defences relating to theatre, film and television. It also provides a power in new subsection (11G) for the Scottish ministers to vary the application of section 141 in relation to any description of weapon. That power could be used, if desired, to provide further defences on cultural, sporting or other grounds.

The weapons to which section 141 of the 1998 act applies are set out in the Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005 and include knuckledusters, swordsticks and butterfly knives. That Order excludes antique weapons.

Section 47 of the Criminal Law (Consolidation)(Scotland) Act 1995 places prohibitions on the carrying of offensive weapons but allows the defence of having lawful authority or good reason.

Our rail policy document, Scotland’s Railways, sets out Scottish ministers aspirations for the rail network in Scotland. This focuses on achieving three key strategic outcomes of improving journey times and connections, reducing emissions and improving quality, accessibility and affordability.

There is no significant difference in the safety of either a passenger or freight railway as both come under the same safety approvals process and both modes run on a shared infrastructure throughout the vast majority of the network.

There are a few lines which are designated freight only and whilst the level of safety will be similar to the rest of the network, there may be some variance on technical specification. This variance reflects the different operational requirements required on a freight only line. For example passenger routes are designed to accommodate a higher density of traffic and higher speeds than a freight only line where there is usually a lesser requirement for either traffic density or speed.

Similarly passenger trains and freight trains have similar standards of safety but are built to the most appropriate technical standards that reflect their operational requirements. For example the weight, braking and suspension characteristics of a passenger train permit it to travel at higher speeds than a heavy freight train on a given piece of track.